Acknowledgment and Assumption of Risks

The undersigned, being an individual or individual’s legal guardian (collectively, “Athlete”) acknowledges and understands the significant risk of injury, paralysis or death from fitness activities.  Athlete also understands that physical conditions, such as high cholesterol, heart conditions, frequent pain in the chest, joints or bones, high blood pressure, frequent light-headed or dizziness, and other physical conditions heighten the risk of injury.  Athlete also acknowledges that any classes, instruction, or training will be executed by the Athlete at a place, in a manner and using equipment or facilities of Athlete’s own choosing, without in-person supervision of Staying Driven. The Athlete agrees either to (1) consult a physician and/or other health or fitness professional before, throughout, and after using Staying Driven’s services, or (2) to assume the risk of using Staying Driven’s services without consulting such professionals, understanding that doing so increases the risk of injury.

 

Release and Waiver of Liability and Indemnity

Athlete understands the risks described above.  Athlete knowingly and voluntarily releases and agrees to indemnify, defend protect and hold harmless Staying Driven, its officers, directors, managers, members, shareholders, employees, agents, independent contractors, successors, assigns, and instructors, from any and all liability to Athlete and Athlete’s, family (by blood, marriage or legal status), relatives personal representatives, assigns and heirs for any damages, claims (including but not limited to personal injury or loss of consortium) or demands arising out of Staying Driven’s services pursuant to athlete’s membership and Athlete’s participation in classes, instruction or training as part of Staying Driven’s services, EVEN WHERE INJURY OCCURS, WHOLLY OR PARTLY, AS A RESULT OF CONSULTANT’S NEGLIGENCE.  Athlete expressly agrees that the foregoing waiver is intended to be as broad and inclusive as permitted by Arizona law; and that if any portion of the waiver is held invalid, the balance is to be given full force and effect.  Athlete agrees that if he/she begins to experience symptoms or signs of health issues either during classes, instruction or training, Athlete will stop the activity and seek necessary medical or health advice from a health professional.

 

Jurisdiction and Venue for Claims

Athlete agrees that the Federal and State Courts in the State of Arizona, United States of America, shall have sole and exclusive jurisdiction over any claims and persons bringing such claims against Staying Driven which arise out of Athlete’s membership or participation in Staying Driven’s services. Venue shall be proper in Arizona and Arizona law shall apply to all legal disputes and claims, without regard to conflict of law principles. 

 

By signing up for a membership with Staying Driven Fitness, LLC, Athlete acknowledges, assumes, releases, waives, indemnifies and submits to jurisdiction as described herein.